Farm groups criticize water rule; EPA says farming is exempt

Posted 8/21/12

WASHINGTON, DC — The U.S. Environmental Protection Agency (EPA) on May 27 formally adopted the final rule on the definition of “Waters of the United States” that are protected by the Clean …

This item is available in full to subscribers.

Please log in to continue

Log in

Farm groups criticize water rule; EPA says farming is exempt

Posted

WASHINGTON, DC — The U.S. Environmental Protection Agency (EPA) on May 27 formally adopted the final rule on the definition of “Waters of the United States” that are protected by the Clean Water Act (CWA).

According to a press release from EPA, “The rule ensures that waters protected under the Clean Water Act are more precisely defined and predictably determined, making permitting less costly, easier, and faster for businesses and industry. The rule is grounded in law and the latest science, and is shaped by public input. The rule does not create any new permitting requirements for agriculture and maintains all previous exemptions and exclusions.”

The rule expands the jurisdiction of the EPA and the CWA to ponds, streams and in some cases ditches, but only if those are “ditches that are constructed out of streams or function like streams and can carry pollution downstream. So ditches that are not constructed in streams and that flow only when it rains, are not covered.”

Still, that level of authority bothers a lot of people, especially those in farm organizations, who don’t believe the EPA’s claims that this will not result in more regulation of farming.

The New York Farm Bureau (NYFB) issued a statement saying its members oppose the rule “because of the potential regulatory overreach that will allow for federal control over land that is typically dry. Clean water has always been a priority and necessity for farmers, but we are concerned that the rule will strip property owners of long-held land rights.”

The Pennsylvania Farm Bureau (PFB) also opposed the rule, and supports a measure passed in the House of Representatives in Washington that would require the EPA and the Army Corps of Engineers (ACE), to withdraw the rule. PFB President Rick Ebert made the statement, “Farmers could be forced to obtain an expensive federal permit for routine tasks such as installing a fence near a ditch, or if water collects on a farm field after a heavy rainstorm.”

That contradicts information from the EPA, which says, “The final rule specifically recognizes the vital role that U.S. agriculture serves in providing food, fuel, and fiber at home and around the world. The rule does not create any new permitting requirements for America’s farmers. Activities like planting, harvesting, and moving livestock have long been exempt from Clean Water Act regulation, and the Clean Water Rule preserves those exemptions.”

There are also disagreements about whether EPA seriously considered the public comments it received. The release from NYFB said the organization “has serious concerns that the EPA has failed to take into consideration the thousands of comments from farmers, business owners, and property owners, who feel this rule would add unnecessary burdens on their land. EPA would have accomplished much more working with farmers than just brushing their legitimate concerns aside.”

On the other side of that question is John Crabtree of the Center for Rural Affairs. He said, “The EPA and ACE did as promised, they considered the more than one million comments that they received on the rule, they addressed concerns, refined and improved the rule. We are encouraged by the refinements and clarifications that EPA and the ACE have undertaken in this process, and encouraged to see better Clean Water Act enforcement poised to move forward.”

Environmental groups were largely supportive of the rule. Michael Brune, executive director or Sierra Club, said, “This vital safeguard puts an end to over a decade of polluters taking advantage of muddled law by restoring the Clean Water Act and putting the health of our communities and families first. Millions of Americans can now rest assured that their drinking water will be safer and the clean water we rely on to support recreation and business will be preserved. This is a huge step in the right direction for our environment and economy.”

Hydraulic fracturing, which was exempted from the Clean Water Act by the Energy Act of 2005, is still exempt.

Comments

No comments on this item Please log in to comment by clicking here